Ah, the following have been asked a few hundred times.
Colin Kennedy, BA MA CD
Who are you guys?
Colin Kennedy is a divorce specialist helping people with Quebec divorce and with Quebec Separation from Bed and Board. LawQuebecDivorce.com is an extension of YouCanDivorce.com, a site dealing with divorce for the rest of Canada. It has been operating since 2005 and has helped thousands of people resolve divorce and separation issues without the expense of lawyers. Colin is also an author of e-books dealing with legal issues, two of which are valid for Quebec are: a) Loving and Leaving Quebec Style, and b) spousal support which you can find at www.myspousalsupport.com
Colin went to school in Montreal and Rosemere but his French language skills are very limited.
Is this site legal?
Yes. However Colin Kennedy is not a member of the Quebec bar and therefore information is not legal advice. The information is accurate and we have tons of experience dealing with the senior courts. The information in the site has been validated by legal counsel and meets the requirement of the Quebec Civil Code.
Can I ask Questions?
Go for it. Send and e-mail to Colin and you can expect a reasonably intelligent reply.
Are there hidden fees?
No, unlike the airlines, or auto retailers, or law firms - LawQuebecDivorce.com does not have hidden fees. None!
How do I serve the papers?
Usually it is not a hurdle. In Quebec the bailiff or sheriff will do the service. If service is to be made outside of Quebec or in areas not serviced by a bailiff or sheriff you may have a third party do the serving of documents and have that person complete an affidavit.
What if he/she is long gone to China or South Africa?
It can be a big legal problem when you don't know his/her address, let alone what country. You can still get divorced - by following the rules of court procedure. There a couple of steps in your way, but it is part of my job to guide you through that process.
What if the papers you provide need amendments?
Things do change; the province can change the rules and its legal forms, your circumstances can change. If you need amendments or even a complete set of new documents let us know and you will receive an update as part of our guarantee. No charge.
How Much child support do I pay?
In Quebec an 8 page document is used to determine the amount of child support. It is almost impossible to vary from the child support amounts, so don't even think about making your own deal.
How do I split pensions?
CPP and private pensions can be seen in the free reference book. Basically in Quebec non-registered pension funds are part of family patrimony.
How long does it take?
From start to finish you can expect it to take at least 90 days to get your divorce judgment in hand. Why? Divorce is a legal process which takes that long, and there are no shortcuts.
Is there a waiting period?
It depends on the reason for divorce. If your divorce is based on separation, then you need to be separated for one year. Some courts will permit an earlier filing. If your divorce is based on adultery by the other party, or based on mental or physical cruelty, then there is no waiting period. You are free to remarry 31 days after the date on your divorce judgment.
Should I agree to attempt a reconciliation?
It's your call. As far as the provincial courts are concerned they prefer for you to make an attempt. In fact, it is the duty of the court to ask you is there is a chance of reconciliation and what, if any, attempts you have made. Both parties must agree to the attempt. You can read the helpful article in the reference book.
What is the benefit to a joint petition?
A joint petition does not mean faster. A joint application for divorce or an application for separation from bed and board requires complete co-operation of both parties. Sometimes a joint application will stall because one party may get cold feet, or decide to play "let's make a deal".
Is my personal information secure?
The information you send us is indeed secure. It's all scrambled and encrypted so that no one else can read it. We do not share your information with anyone but you.
Can my spouse refuse a divorce?
If you have been separated for more than 12 months, there are no grounds to oppose a divorce.
What happens if my spouse and I still reside under the one roof?
It is possible to prove separation even if you still live in the same house as long as the three elements of separation are present. The action of separating must involve an open and complete break from the marital relationship and may include:
the ceasing of sexual activity
living in separate rooms
operating separate bank accounts
not sharing meals
not providing household services
not sharing mutual entertainment inside or outside the home
not representing to relatives, neighbours or friends that the marriage is continuing
How do I deal with property?
Real estate needs the help of a real estate lawyer, see more by downloading the free reference book. In Quebec it is impossible to have a legal separation or to divorce without finalizing your property issues, that's why we have our exclusive separation agreement.
When I "send to a friend" is it secure?
What happens if my spouse files an objection?
Please accept that it can happen, even if you are sure that he or she had told you otherwise. A judge will decide if the reply holds water, and maybe a court date be set to hear what she or he has to say.
Can I do it myself?
Does citizenship matter?
A DIY divorce is possible only if you have the time and knowledge. In Quebec separation and divorce is really complicated and you'll need the help of professionals like LawQuebecDivorce.com, or alternatively each party may hire lawyers.
In Quebec, just like all the other provinces citizenship or your place of marriage does not matter at all. You can be a Philippino, married in South Africa to a Brazilian. The two requirements to seek divorce in quebec?
1. One of you must be a resident of Quebec for one year prior to starting the divorce process.
2. You need to be married.
Please when you direct questions to firstname.lastname@example.org make sure you say your province.